ASLI Working Paper Series

Publication Title Suggested Improvements to the Administrative Court Model & the Proposed Introduction Of an Administrative Jurisdiction Body in Vietnam
Publisher Asian Law Institute
Series WPS018
Publication Date Jan 2011
Author/Speaker Pham Hong Quang
For nearly 15 years, the Administrative Division Courts (ADCs) in Vietnam have failed to fulfill expectations, or to meet the requirements of Rule of Law (ROL), or to comply with the Judicial Reform Strategy promoted by Communist Party of Vietnam (CPV).

This paper explores why the ADC model and jurisdiction have been harshly criticized and which elements need to be reformed. It suggests building up the Administrative Jurisdiction Body (AJB) attached to the Government (the appellate system) in parallel with the Regional Administrative Court (the judicial review system) to ensure its independence from the governing agencies and ruling CPV.

The author’s main argument is that the existing ADC model is not an ideal vehicle for protecting individuals from administrative malpractice. It should give people more channels to access justice in the context of post-WTO accession and the ROL era. The author concludes that the reform of the ADC model needs to be conducted concurrently with the transplanting of an Informal Institution of ROL to achieve the harmonization and democratic values of Vietnam as a State governed by ROL.
View/Download (PDF) File :